ANZ Test BLACKCAPS v South Africa , 8 – 12 March 2017 TERMS AND CONDITIONS OF PURCHASE OFFICIAL HOSPITALITY CONDITIONS

1. GENERAL

2.4 Subject to clause 4, all Hospitality Packages are non- refundable. 1.1 All Hospitality Packages are issued subject to these Dunedin

Venues Management Limited 2016-17 Official Hospitality Conditions (Official Hospitality Conditions) which forms a 2.5 A postage and handling charge, if applicable, set out on the binding Agreement between Dunedin Venues Management Invoice is non-refundable. Limited (DVML) and the Customer. 2.6 In the event that, on request of the Customer, DVML orders 1.2 In addition to these Official Hospitality Conditions, Hospitality food and beverages over and above any included within the Ticket bearers are bound by the terms and conditions Hospitality Package on behalf of the Customer, the Customer contained in or published on tickets and ’s must pay all costs and charges for such food and beverages. terms and conditions of ground entry for international cricket (as amended by from time to time) as 3. HOSPITALITY PACKAGES

published at www.blackcaps.co.nz/international/matches-and- tickets/terms-and-conditions, exhibited at the Venue or 3.1 Subject to the Total Price being received by DVML, DVML will provided upon request, which (subject to clause 4.6) form part send to the Customer at least 2 weeks prior to the Match a of this Agreement. Hospitality Ticket for each Guest, unless the booking is made

after that time in which case the Hospitality Tickets will be 1.3 Any person who fails to comply with the New Zealand Cricket’s issued as soon as reasonably practicable or be retained for terms and conditions of ground entry for international cricket collection at the Venue on the date of the Match. Customers shall be refused admittance to or ejected from the Venue and must provide a New Zealand address in order for DVML to denied the ability to purchase tickets or Hospitality Packages send the Hospitality Tickets. A postage and handling charge for future matches. may apply at DVML discretion and will be detailed on the Invoice. 1.4 Subject to the terms of this Agreement, DVML grants the Customer and Guests the right to use and access the 3.2 The Customer shall be responsible for distributing the Hospitality Facility during the Designated Times in accordance Hospitality Tickets to their Guests. No person will be admitted with this Agreement for the purpose of watching the Match to the Hospitality Facility without a valid Hospitality Ticket. No and the Customer providing hospitality services to Guests. liability is accepted by DVML in the event that a Guest is denied entry to the Hospitality Facility or any other part of the 2. CUSTOMER PAYMENT Venue as a result of the Customer’s or any Guest’s failure to

comply with this Agreement.

2.1 The total price of the Hospitality Package (Total Price) must be paid by the Customer either 3.3 The Customer shall be responsible for the acts and omissions of the Customer and the Guests while at the Venue, and the

a) up front in full within 30 days of receipt of the Customer will ensure that the Guests understand and comply Invoice, or with all terms of this Agreement (including clause 7) at all b) a 20% deposit made within 30 days of receipt of the times. invoice and the remaining 80% paid by 1 February 2017. 3.4 DVML may exercise all of or any of its powers under or in

relation to this Agreement itself or through any authorised agent, represenatative, or contractor. 2.2 If payment is not made in accordance with clause 2.1, DVML

reserves the right to cancel the booking and sell the Hospitality Package to a third party and retain all (or, in its absolute 3.5 Customers must not, and must ensure that Guests do not discretion, part) of any payments that have been received. advertise, auction, or otherwise offer for sale, use as a competition prize, exchange for valuable consideration, assign, licence, bundle with other goods or services or otherwise 2.3 No Hospitality Tickets will be provided to the Customer until commercially deal with any of the rights benefits and the total Invoice amount has been received in full. entitlements contained in this Agreement (including, without

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limitation the Hospitality Tickets or without the prior written consent of DVML’s Chief Executive Officer or their nominee). 4.6 The New Zealand Cricket 2016-17 Refund Terms and

Conditions does not apply to this Agreement.

3.6 Any Hospitality Ticket acquired in breach of this Agreement shall be null and void. DVML is entitled to confiscate, cancel or 5. LIABILITY invalidate any Hospitality Ticket or Match tickets offered for sale, sold or acquired in breach of this Agreement. 5.1 To the fullest extent permitted by law DVML excludes all

warranties, terms, conditions or undertakings of any nature and in any form (whether express or implied, written, oral, 3.7 The Customer agrees to provide DVML or the catering provider statutory or otherwise) in relation to the Hospitality Package. (as directed) with a dietary requirements list, including details

of any food allergies, the name and contact number of the Customer’s Guests, and any other relevant information at least 5.2 Subject to clause 5.6, DVML shall not be liable to the 2 weeks prior to the Match. DVML does not guarantee that Customer, Guest, or any other person in contract, tort any of the food or drink products served at each Venue are (including negligence) or otherwise arising out of or in free from nuts, wheat, lactose or any other allergens. connection with this Agreement for (i) any loss of revenues,

loss of profits, loss of business or anticipated savings, loss of goodwill and/or reputation or loss arising out of business 3.8 The Customer acknowledges that DVML does not guarantee: interruption (whether such losses are direct or indirect) or (ii) (a) whether the Match or any play will take place on the any indirect or consequential loss or damage. Match date;

(b) the length of play of the Match; (c) the identity of the players who will appear in the Match; 5.3 Subject to clause 5.6, DVML shall not be liable for: or (d) any other characteristic associated with the completion (a) any injury whatsoever to the Customer or any Guests, of the Match nor for any loss or damage to or theft of their property

regardless of how such injury, loss or damage may be caused; or 4. CANCELLATION OR RESCHEDULING (b) any damage, loss, delay or expense incurred by the

Customer owing to any event beyond DVML’s control. 4.1 Subject to clause 4.2, in the event of cancellation of the Match Subject to clause 5.4, DVML’s total liability if such an prior to the day of the Match or cancellation of the Hospitality event arises shall be to use reasonable endeavours to Package (other than as a result of any act or omission of the make alternative arrangements.

Customer or Guests), DVML will refund any part of the Total Price that has been paid by the Customer (less an 5.4 DVML’s maximum liability to the Customer under, or in administration fee) and this Agreement shall be deemed to be connection with, this Agreement (whether in contract, tort, terminated. negligence or otherwise) shall be limited to the amount

actually paid by the Customer to DVML for the Hospitality 4.2 In the event the Match is rescheduled, DVML will, at its Packages.

election (in its sole and absolute discretion): (a) refund to the Customer any part of the Total Price that 5.5 The Customer shall be responsible for and reimburse DVML for has been paid (less an administration fee); or any loss, damage, costs and expenses (including, without (b) provide the Customer with the Hospitality Package at the limitation, loss of profits), that the Customer or its Guests rescheduled Match. cause, whether within the Hospitality Facility or elsewhere

within the Venue. In the event that the Customer causes such 4.3 The Customer acknowledges that: damage or loss, DVML shall be entitled to Invoice the (a) the commencement and/or duration of any cricket Customer and the Customer shall pay such Invoice played on the Match date and the ability of DVML to immediately.

deliver every element of the Hospitality Package (e.g. on ground experience) is dependent upon the weather and 5.6 Nothing within this Agreement shall limit or exclude either other factors that are outside the control of DVML; but party’s liability for any loss, damage, costs and expenses (b) the hospitality facilities at the Venue are not dependent caused by an act of fraud or which may not lawfully be upon the weather on the Match date and, subject to excluded. clause 4.5, will be available for use irrespective of

whether a Match is interrupted, suspended or cancelled.

6. SIGNAGE, ADVERTISING AND PROMOTIONS

4.4 The Customer agrees once access to the Venue is given or made available to persons, the full Hospitality Package will be 6.1 The Customer must not use New Zealand Cricket or DVML deemed to have been provided by DVML and received by the logo’s or intellectual property without the prior written Customer and the Guests, and accordingly the Customer and consent of DVML, such consent to be granted in DVML’s the Guests will not be entitled to any refund of the Hospitality absolute discretion. Package if access is given and poor weather (or any other factor) causes cancellation or limited play of the Match or 6.2 No advertising or promotion by a company will be permitted results in DVML not being able to deliver some elements of the within the Venue without the prior written consent of DVML, Hospitality Package (e.g. on ground experience). No refund will such consent to be granted in DVML’s absolute discretion.

be provided for Hospitality Packages which cover more than one Match day in the event of any cancellation of any Match 6.3 No promotional items coordinated by a company in direct day. conflict with any of New Zealand Cricket’s sponsors or official suppliers will be permitted within the Venue. 4.5 In the event that DVML is obliged to make any material change to a Hospitality Facility or cancel that facility for any reason, 6.4 Promotional items that corporate Customers wish to provide DVML will use alternative arrangements which are of at least their Guests will not be permitted unless DVML provides its equal or a superior standard.

2332123 consent in writing, such consent to be granted in DVML’s 8.1 DVML may terminate this Agreement (including refuse entry to absolute discretion. you and your Guests to the Match, the Hospitality Facility or the Venue or remove you and your Guests from Match, the 7. BEHAVIOUR AND CONDUCT Hospitality Facility or the Venue) immediately, without refund,

if you breach any term of this Agreement.

7.1 The Customer will, and will procure that all Guests dress

smartly and otherwise comply with the dress code applicable 8.2 Termination or expiration of this Agreement will not affect the to their Hospitality Package. rights or obligations of the parties which have accrued up to

the date of expiry or termination or any other rights and obligations which under the terms of this Agreement are 7.2 The Customer shall be responsible at all times for the conduct expressed to survive or are capable of surviving such expiry or the Guests. termination.

9. Miscellaneous

7.3 DVML reserves the right to refuse admission to a Venue in accordance with the New Zealand Cricket’s terms and

conditions of ground entry for international Cricket, Entry to a 9.1 This Agreement sets out the entire understanding between Venue and Attendance at a Match, which includes that all DVML the Customer in respect of the subject matter of this persons must agree to be searched on entry to the Venue. Agreement.

9.2 No failure or delay of DVML in insisting on the strict 7.4 The Customer will not, and will procure that all Guests do not, performance, or to exercise any right under this Agreement engage in any conduct (whether through the use of language, will operate as a waiver of those matters. A waiver will not be gestures or otherwise) which is likely to offend, insult, effective unless it is in writing. A waiver of any breach will not humiliate, intimidate, threaten, disparage or vilify any other be a waiver of any other breach. person (including any player, match official, other official or other patron) on the basis of their race, religion, gender, 9.3 The Customer may assign the right and obligations under this culture, colour, sexual orientation, descent or national or Agreement only with DVML’s prior written consent, such ethnic origin. If a Hospitality Ticket holder fails to comply with consent not to be unreasonably withheld in the case of an this condition, they may be refused admission to, or evicted assignment to a respectable, responsible, solvent and suitable from, the Venue without refund or compensation of any kind; assignee. and the Hospitality Ticket holder must deliver up any and all tickets in their possession. In addition, each Hospitality Ticket 9.4 Any unlawful or voidable provision under this Agreement will Holder acknowledges that the failure to comply with this be severed from the Agreement without affecting the validity, condition may result in the imposition of other sanctions (such legality, or enforceability of the remaining provisions. as being banned from the Venue in the future) and possible further action including criminal prosecution. 9.5 This Agreement may be executed in counterparts (which may include electronic copies) all of which together will constitute 7.5 All unauthorised persons are prohibited from entering the one agreement. playing area at all times. 10. DEFINITIONS 7.6 The Customer acknowledges that, pursuant to relevant laws, DVML may (or may procure that third parties): 10.1 All capitalised terms in this Agreement shall have the (a) terminate liquor service at the Hospitality Facility at a following meanings: certain hour, or at a certain time after completion of the Agreement means the agreement between the Customer and Match on any specific day (notwithstanding that such DVML as described in clause 1.1. time may be during the Designated Times); Customer means the person or company specified as the (b) require all Guests to vacate the premises within a certain customer on thefirst page of this Agreement time after completion of the Match on a specific day Designated Times means the times for the Hospitality Package (notwithstanding that such time may be during the nominated by DVML in writing. Designated Times); Guest means the Customer and any person attending the (c) terminate liquor service at the Hospitality Facility and Match using a Hospitality Ticket issued in relation to the require the vacation of the Hospitality Facility at an Hospitality Package. earlier time where it is reasonable to do so Hospitality Facility means the shared or private corporate (notwithstanding that such time may be during the hospitality facility designated by DVML to provide the Designated Times); Hospitality Package.

(d) remove intoxicated and/or disruptive persons (including Hospitality Package means the hospitality package specified the Customer’s Guests) from the Hospitality Facility and on the first page of this Agreement. the Venue (including persons causing the Customer to Hospitality Ticket means any ticket, pass, lanyard, wristband breach this Agreement); and or other document issued by DVML allowing entry to the (e) refuse to serve liquor to a person (including a Guest) relevant Hospitality Facility at a particular Venue in accordance under the age of 18 or a person that is intoxicated. with the details indicated thereon. Invoice means the invoice issued by DVML to the Customer 7.7 Under no circumstances is the Customer or Guests permitted including the details of the Customer, Hospitality Package and to bring their own food or drink into the Hospitality Facility. payment and other details. Match means the cricket match, or relevant day of a Test match, the particulars of which are indicated on the Hospitality 8. TERMINATION AND EXPIRATION Ticket. Venue means the entire premises of a ground or stadium where a match is scheduled to take place and to which a Hospitality Ticket is required to gain access.

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